Hindu Law -- Hindu Undivided Family (HUF) Property - Proof of - Suit property during life time of father of plaintiff was part of HUF and has to be treated as such - Rent receipts issued by father of plaintiff to tenants in suit property but same could be deemed to be his capacity as Karta of HUF - From the pleadings, documents and oral evidence on record, it is clear that..........
Hindu Adoptions and Maintenance Act, 1956, Section 19(5), 22(6)(9) -- Maintenance - Widowed daughter-in-law - Respondent has no source of income - She specifically pleaded that petitioners/i, laws is having big house and they are getting rent of Rs.10,000 p.m and they also doing their businesses from joint family properties - Said fact is not denied by petitioners -..........
Revenue record -- Proof of tenancy on the basis of revenue entries - Revenue record carries presumption of truth - However, such presumption is rebuttable presumption and in the instant case in view of the admission made by plaintiff presumption stood rebutted as it is not established as to who inducted plaintiff as a tenant in the land and there is vague statement that..........
Evidence Act, 1872, Section 90 -- Document 30 years old - Presumption - Document in question i.e rent note has come from tenant, who is custodian of copy of rent note, thus, has a plausible explanation for being genuine and has been marked - It cannot be said to be brought on record for first time only - Presumption u/s 90 of the Act is drawn - However, same shall be..........
Rent and Eviction -- Title of landlord - When issue of title over tenanted premises is raised in an eviction suit under Rent Laws, landlord is not expected to prove his title like what he is required to prove in a title suit...........
Rent and Eviction -- Derivative title of an assignee - Tenant is estopped from challenging title of his landlord, yet tenant is entitled to challenge derivative title of an assignee of original landlord of demised property in an action brought by assignee against tenant for his eviction under Rent Laws - However, this right of a tenant is subject to one caveat that tenant..........
Rent and Eviction -- Attornment - It does not create any new tenancy but once factum of attornment is proved then by virtue of such attornment, old tenancy continues...........
Rent and Eviction -- Attornment - Proof - Attornment can be proved by several circumstances including taking into consideration the conduct of tenant qua landlord...........
Rent and Eviction -- Attornment - Proof - Attornment stands proved viz. (a) no reply to quit notice which amounts to waiver to challenge invalidity or infirmity of quit notice including ownership issue raised therein; (b) Letters sent expressing willingness to attorn and continue the tenancy and also offering to pay rent; (c) Filing suit for mandatory injunction to accept..........
Rent and Eviction -- Eviction petition - Death of tenant - Necessary parties - On death of tenant legal heirs inherit tenancy as joint tenants - Occupation of one of the tenant is occupation of all the joint tenants - It is not necessary for landlord to implead all legal heirs of the deceased tenant, whether they are occupying the property or not - It is sufficient for..........
